Police Questioning

What is the name of your state? Washington


If you are walking on the sidewalk and get stopped by a police officer, and they question you then and there (after committing no offense, just possible suspicion), do you have to answer questions such as Name and Address and Birthdate? (age 16-18)

And if you choose to remain silent, can the police officer "arrest you" or take you into the station? Again, this is after committing no criminal offense.

AndrewJS said:

What is the name of your state? Washington


If you are walking on the sidewalk and get stopped by a police officer, and they question you then and there (after committing no offense, just possible suspicion), do you have to answer questions such as Name and Address and Birthdate? (age 16-18)

And if you choose to remain silent, can the police officer "arrest you" or take you into the station? Again, this is after committing no criminal offense.

Click to expand...

Yes and yes.

AndrewJS said:

What is the name of your state? Washington


If you are walking on the sidewalk and get stopped by a police officer, and they question you then and there (after committing no offense, just possible suspicion), do you have to answer questions such as Name and Address and Birthdate? (age 16-18)

And if you choose to remain silent, can the police officer "arrest you" or take you into the station? Again, this is after committing no criminal offense.

Click to expand...

If lawfully detained, and if Washington state has a "must identify" state statute, then you can be arrested for failure to identify yourself. (Off hand I do not know if WA has a law requiring a detained individual identify themself - about half the states DO have such a law ... mine does not.)

If the contact is merely a consensual issue, then you do not have to identify yourself.

If stopped, ask if you are free to go. If not, then you have been detained. At that point you can politely refuse to ID yourself if you choose, but you might find yourself hooked up when you otherwise would not have been.

Your call.

- Carl

Not a heartbreaker to find out, however i remember another query i forgot to ask.

Aside from identification, (and in the same situation) if i do not answer questions that i do not want to, can i be arrested at the Officer's will?

And does a birthdate count as identification i am required to provide?

Hiibel v. Nevada

-- a 2004 US Supreme Court Case. Google it and read it.

As of 2004, Washington was NOT one of the 21 states. That doesn't mean they are not currently.

From: http://www.nationalimmigrationproject.org/forMembers/CriminalDefensePracticePointers/Hiibel v. Nevada.doc

And Hiibel goes back to whether or not your state requires you to identify yourself if detained. I cannot find any clear info on the subject, so you may consider contacing the local Bar Association or a law library to see what info they might provide you.

- Carl